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File #: 2020-0519    Version: 1
Type: Resolution Status: Passed Finally
File created: 7/6/2020 In control: Committee on Finance and Law
On agenda: 7/7/2020 Final action: 7/14/2020
Enactment date: 7/14/2020 Enactment #: 331
Effective date:    
Title: Resolution authorizing the Mayor and the Director of the Department of Finance to enter into a License Agreement or Agreements with McCormack Baron Salazar, Inc., to allow the performance of site preparation work on designated City property in order to facilitate the construction of Larimer East Liberty Phases 3 & 4 Choice Neighborhood development.
Sponsors: Reverend Ricky V. Burgess

Title

Resolution authorizing the Mayor and the Director of the Department of Finance to enter into a License Agreement or Agreements with McCormack Baron Salazar, Inc., to allow the performance of site preparation work on designated City property in order to facilitate the construction of Larimer East Liberty Phases 3 & 4 Choice Neighborhood development.

 

Body

WHEREAS, McCormack Baron Salazar, Inc. (“MBS”) intends to construct Larimer East Liberty Phases 3 & 4 Choice Neighborhood development (the “Project”); and

 

WHEREAS, City Council has previously authorized the City to transfer a parcel currently known as 120 Winslow Street and designated as Block and Lot 124-J-298 and as further described on Exhibit A (the “Property”) to the Urban Redevelopment Authority (“URA”), which will transfer a total of 26 City-to-URA transfer parcels for the Project; and

 

WHEREAS, the City is in the process of effecting the transfer of the Property to the URA, which Property will thereafter be transferred to the Housing Authority of the City of Pittsburgh (“HACP”) and ultimately become part of a site to be consolidated and subdivided by HACP and MBS for the Project; and

 

WHEREAS, in order to remain on schedule for (1) meeting a Choice Neighborhood funds spending deadline of September 30, 2020, and (2) meeting a Phase 4 in-service deadline of December 31, 2021, MBS has requested a license for permission to perform earth work and soil remediation in order to prepare the site for the Project; and

 

WHEREAS, in order to facilitate the Project for the benefit of the public, the City is willing to provide a License Agreement or Agreements at this time, subject to the terms and conditions set forth therein.

 

Be it resolved by the Council of the City of Pittsburgh as follows:

 

Section 1.                     The Mayor and the Director of the Department of Finance are hereby authorized to enter into a License Agreement or Agreements with McCormack Baron Salazar, Inc. (“MBS”) for the parcel currently known as 120 Winslow Street and designated as Block and Lot 124-J-298 and as further described on Exhibit A (the “Property”) in order for MBS to perform earth work and soil remediation to facilitate the Larimer East Liberty Phases 3 & 4 Choice Neighborhood development project.  The term shall commence as of July 15, 2020, and extend through the later of (1) the Phase 4 financial closing (targeted for September 15, 2020), or (2) the date of transfer of the Property from the City to the Urban Redevelopment Authority, such transfer being conditioned on completion of the Quiet Title Action for the Property or other resolution of open issues currently affecting clean title.   In the event that title to the Property is not quieted prior to the Phase 4 financial closing, the License Agreement or Agreements may be amended as to scope of work.  In no event shall the term of the License Agreement or Agreements extend beyond December 31, 2020.  MBS shall complete all project work authorized under the license at no cost to the City.  The License Agreement or Agreements shall be approved as to form by the City Solicitor.

 

Section 2.

 

Any Resolution or Ordinance of part thereof conflicting with the provisions of this Resolution is hereby repealed so far as the same affects this Resolution.

 

 

 

 

 

 

 

 

EXHIBIT A:  LEGAL DESCRIPTION

 

120 WINSLOW - 124-J-298

 

ALL THAT CERTAIN lot or piece of ground situate in the 12th Ward, formerly the 21st Ward, of the City of Pittsburgh, County of Allegheny and Commonwealth of Pennsylvania, being bounded and described as follows:

BEGINNING on the Southwesterly side of Winslow Street at the Easterly corner of property now or formerly of John Leech, and distant Southeastwardly from Larimor Avenue two hundred nine and 88/100 (209.88) feet; thence Southeastwardly along said Winslow Street twenty-one and 50/100 (21.50) feet to a point at line of property now or formerly of Antonio Zitelli and Julia Zitelli; thence Southwestwardly along line of said property, ninety (90) feet to a point in property now or formerly of Blaine McKee; thence Northwestwardly and parallel with Winslow Street, twenty-one and 50/100 (21.50) feet to a point at line of Leech property aforementioned; thence along line of said Leech property Northeastwardly ninety (90) feet to Winslow Street, the place of BEGINNING.

BEING the same premises which Margaret Lanier, Treasurer of the City of Pittsburgh, by Treasurer's Deed dated 06/11/2010 and recorded 07/08/2010 in The Department of Real Estate Office of Allegheny County at Treasurer's Book Volume 18 Page 141, granted and conveyed unto City of Pittsburgh, in fee.